| Date | 1829 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | An act concerning certain crimes and offences committed by slaves, and for the security of slaves properly demeaning themselves |
| Description/Full Text | Sec . 1. Be it ENACTED , by the Senate and House of Representatives of the State of Delaware , in General Assembly met , That if any negro or mulatto slave shall commit any crime which , according to the act entitled, " An act providing for the punishment of certain crimes misdemeanours , passed at Dover eighth of February , is punishable with death , or shall abet , assist , counsel or procure any otherperson or persons , whether free or slave , to commit any such crime , every negro or mulatto slave so offending shall be deemed guilty of felony and upon conviction thereof shall suffer death ; and all the provisions of the said act concerning crimes punishable with death , and touching proceedings in respect to such crimes and the trial and punishment thereof , shall extend to and include slaves ; except in the case of a conviction of a slave of manslaughter , in which case , if the slave pray the benefit of this act , then , in lieu of judgment of death , the court shall render judgment , if the conviction be of manslaugh ter of the first degree , that the slave so convicted shall be publickly whipped with any number of lashes , not less than forty nor exceding sixty , upon the bare back , shall be set on the pillory for the space of one hour , and shall be exported from this State and never permitted to return to the same ; and if the conviction be of manslaughter of the second degree , that the slave so convicted shall be whip ped with any number of lashes not less than twenty nor more than forty , upon the bare back , and for the second offence , the same judgment as upon a conviction of man slaughter of the first degree . The value of a slave found guilty of a crime punishable with death , except manslaughter , shall be assessed by the jury , and if the punishment of death shall be inflicted, two - thirds of such assessed value shall be allowed to the owner of said slave by the levy - court and court of appeal the owner . of the county wherein the crime shall have been commit ted . 1 Sec . 2. And be it further enacted , That if any negro or mulatto slave shall , with violence , make an assault , upon any person , whether free or slave , with intent to commit murder , or shall wilfully and maliciously admin ister to any person , or cause or occasion any person , whether free or slave , to take any deadly poison or noxious and destructive substance , or shall make an assaultupon any white woman or maid , with intent to commit a rape , or shall maliciously and by lying in wait cut out or disable the tongue , slit , cut or bite off the nose , lip or earof any person , or maim any person , whether free or slave ,or shall in the day time , break and enter the dwellinghouse of another , with intent to commit murder , rape ,larceny or any other felony , whether such intent be executed or not , or shall commit the crime of robbery , orshall with violence make an assault upon any person ,whether free or slave , with intent to commit rolbery , orshall wilfully and maliciously burn or set on fire any magazine , church , meeting - house or school - house or anyship , vessel , mill , ware - house , store , granary , shop , barn ,stable , out house or other building , except a dwelling andsuch other building whereof the wilful and maliciousburning is punishable with death , or shall wilfully andmaliciously burn or set on fire any wheat or other grainor hay in the stack , or shall wilfully and maliciously attempt to set fire to any dwelling - house or other building ,ship or vessel , wheat or other grain , or hay in the stack ,or shall abet , assist , counsel or procure any person or persons to commit either of the said crimes , every negro ormulatto slave offending in either of the said particulars ,shall be deemed guilty of felony , and upon convictionthereof shall be publickly whipped with sixty lashes onthe bare back , shall be set on the pillory for the space ofone hour , and shall be exported from this State and neversuffered to return to the same . Sec . 3. And be it further enacted , That if any negro or mulatto slave shall commit any crime mentioned in the aforesaid act entitled An act providing for the punishment of certain crimes and misdemeanours , " and deemed , according to said act , to be felony , except the crimes included within the two preceding sections and the crime of larceny herein after to be provided for , or shall abet , assist , counsel or procure any person or persons , whether free or slave , to commit any such crime ,except as before excepted , or if a negro or mulatto slaveknowing that a crime amounting to felony has been committed , shall give any aid to the offender or offenders ,whether free or slave or either of them , with the intent ,and for the purpose , that he , she or they may avoid arrestor may escape from arrest , prison , trial or execution , or ifany negro or mulatto slave shail enter into any plot orconspiracy , every negro or mulatto slave offending in either of said particulars , shall be deemed guilty of felony . and , upon conviction thereof , shall be publickly whipped 1827 . with any number of lashes not less than thirty nor exceed ing sixty , and further , at the discretion of the court , may be set on the pillory for the space of one hour , and also , at the discietion of the court , may be exported from this Proviso . State , and never suffered to return to the same : Provided , that a slave aiding a master or mistress , who shall have committed a felony , to avoid arrest or to escape , shall not be punishable within the foregoing provision in that be . half unless such slave shall break a prison or forcibly re sist or obstruct the execution of legal process . Jurisdiction of SEC . 4. And be it further enacted , That the courts of the courts ofquarter bessions . general quarter sessions of the peace and gaol delivery . within the several counties , shall have jurisdiction of all the crimes mentioned or included in the second and third sections of this act ; which said crimes shall be enquired of , heard and determined in the same manner , and by the same modes of proceeding , as other crimes whereof the said courts have jurisdiction . When a slave SEC . 5. And be it further enacted , That whenever sen sentenced to beexp rted , shall tence shall be , that any negro or mulatto slave shall be be delivered to exported from this State and never suffered to return to phis master . the same , the said slave shall , at any time within ten days after the time appointed for the inflicting of the corporal punishment , to which said slave shall be sentenced , be delivered to the master or mistress of the said slave , or to his or her agent , provided such master or mistress or agent shall pay the costs of the prosecution against said slave , and the prison fees and expenses arising from the imprisonment of said slave , or shall give sufficient secu rity for the payment thereof in six months ; and provided further , that such master or mistress , or any substantial freeholder for bim or her , shall execute a bond to the State , in the penalty of five hundred dollars , with condi tion to be void , if the said slave shall , forthwith , and without being suffered to be at large in this State , be ex ported from this State and so disposed of as to afford a reasonable precaution against the return of said slave to this State ; which bond , the clerk of the court wherein the judgment shall be , is authorized to take ; and he shall record the same , and preserve the original in his office ; When a slave but if the said costs , fees and expenses shall not be paid exported , sh : ] or secured , and such bond executed and taken , by or on be srld by the behalf of the master or mistress of such slave , within the sherift : ten days before allowed for said purposes , the privilege of the master or mistress to receire such slave shall be OF DELAWARE . 123 case a slave et return to forfeited , and the sheriff shall sell said slave at public CHAPTER vendue to the highest and best bidder or bidders and L. shall apply the purchase money in payment of the costs of 1827 . prosecution , prison fees and charges , and other just expenses , and the balance , if any , to the master or mistress .If any slave exported pursuant to sentence as afojesaid , Proceedings in shall at any time or times return to this State , every such ported shall af slave shall be arrested and shall be committed to the gaol ter of the county wherein the judgment shall be given , and this Slate . public notice of such commitment shall be given by thesheriff in two of the newspapers published in this State ,by advertisements to be continued for the space of sixtydays ; and if within the space of sixty days next after theissuing of the first advertisement , the person having right ,or the agent of such person , shall not prove such right ,pay charges and take the slave , the sheriff shall sell thesaid slave at public vendue , to the highest and best bidder or bidders , and shall pay any balance of the purchasemoney , after satisfying costs and charges , to the ownerof such slave , if demanded within six months , and if not ,then to the treasurer of the county as money of said county ; but a justice of the peace , in case of application , onthe part of a person claiming such slave , for further timeto make proof of right to such slave , may direct a postponement of the sale for any time not exceeding twentydays . If within twenty days after the execution of bond by Proceedings or on behalf of a master or mistress as aforesaid , or with when a slave for in twenty days after any sale pursuant to this section , the tion bond has slave shall not be exported from this State , the right of been given , or the master or mistress or purchaser shall be forfeited , and sold for expor the sheriff shall proceed to sell said slave in the same tation , is manner as if no bond had been given or no sale had been exported with in twenty days . made ; and in every case of failure to export the slavewithin twenty days after the day of sale , the sale shallbecome void , and the sheriff shall proceed to sell as if nosale had been made , until the slave shall be exported , asrequired by the judgment given ; and the slave shall notbe delivered to the purchaser or purchasers , pursuant toany sale , until such purchaser or purchasers shall givebond in the same penalty , and with the same condition ,as herein before required from the master or mistress .The sheriff shall certify every sale to the clerk of thecourt wherein the judgment shall be : bond from a purchaser or purchasers shall be taken by the sheriff and returned to said clerk , who shall record the same , and preserve the original in his office .If any person or persons shall hinder , molest or ob- Penalty for oh structing struct any person or persons in or from ' exporting from the exporting of not & c . 124LAWS OF THE STATE ed to be ex slaves sentenc- this State any slave , which shall be under sentence to be ported . exported as aforesaid , or shall wittingly harbour or con ceal any slave , which , being under such sentence shall es cape , return or otherwise be at large in this State , every person so offending upon conviction thereof shall forfeit and pay to the State a fine of five hundred dollars , and shall also be liable to the party aggrieved for all damages sustained , to be recovered by the proper action . or cred . Proceedings Sec . 6. And be it further enacted , That if any negro in cases of slavesstealing or as or mulatto slave shall feloniously steal , take and carry sisting t ? steal , away any personal property , or shall assist or abet arry or receiving orconcealing , person or persons , free or slave , to feloniously steal , take aiding in con and carry away , any personal property , or shall receive cealing , stolen or conceal , or aid in or abet the concealing of any person goods , & c . al property which shall have been stolen or taken by rob bery , knowing the same to be stolen or taken by robbery , Trial . every negro or mulatto slave so offending shall be tried by any two justices of the peace for the county in which the offence shall have been committed , and , upon convic tion before such justices of such offence , shall be whipped Whipping with any number of lashes not less than twenty , nor more Cists and value than forty , upon the bare back ; and upon such convic of property Sto- tion , the justices shall tax the costs of prosecution , and if the personal property stolen , or taken by robbery , or any part thereof , or the value thereof , shall not have been restored , shall assess the value of said property , or of the part which or the value whereof shall not have been re stored , and the said justices shall make an order , that , unless the master or mistress of the slave so convicted shallpay the said costs , and also shall pay to the owner or owners of said property said assessed value , within twen ty days after the conviction , the slave shall be sold by the sheriff of the county , at public vendue , to any person or persons residing within this State , for the best price that can be obtained , and the said slave shall be committed to the public gaol of the county , to be there detained until said order shall be executed : the costs and assessed value shall be paid out of the purchase money , and the balance of said money , if any , shall be paid to the master or mis tress of the slave ; if there be not sufficient to pay the costs and the assessed value , the costs shall be first satis fied : such sale shall transfer the slave , by a good right , to the purchaser or purchasers against the demand of any person having right prior to such sale ; but shall not im pair any right secured by manumission or otherwise to Notice to the the slave to be free at a future day : it shall be the duty master , of the constable to whom process issued upon a complaint against a slave for an offence against this section shall be Sale . OF DELAWARE . 125 L. delivered , to deliver to the master or mistress of said CHAPTER slave a copy , certified by said constable , of said process ,if said master or mistress cannot be conveniently seen so 1827 . as to be served personally , to leave such copy at his or herusual place of abode ; and the justices issuing the processshall endorse thereon a direction to this effect ; and thetrial of the slave shall not proceed without the appearance of the master or mistress , or of some person for himor her , unless the constable shall make oath or affirmation , either that he has delivered a copy , by him certified ,of said process , to the master or mistress of said slave ,or that he has left such copy at the usual place of of abodeof such master or mistress , or that he inquired for andcould not find such master or mistress , nor ascertain thathe or she had a place of abode in the county ; which oathor affirmation shall be reduced to writing , and signed bythe constable , and certified by the justices , or one of them ,and shall be filed ; the justices , in the record of conviction , shall state , that the master or mistress did or did notappear as the case shall be ; and in case of non - appearance , the oath or affirmation of the constable shall be annexed to , and deemed part of , the record of conviction ;the master or mistress shall have right to redeem any The master slave sold pursuant to this section at any time within one may pay purchase year from the day of sale , by paying to the purchaser or ney and redeem purchasers , or his , her or their executors , administrators his slave at any time within one or assigns the purchase money paid for such slave . The phrase " s personal property as used in this sec tion shall be construed to signify goods , personal chattels a personal " pro of the phrase effects , bank notes or bills , bills of exchange , promissory perty , as used notes , checks , orders , bonds and any written contracts for in this section . the payment of money or delivery of goods , wares andmerchandize . the mo year . Construction Sec . 7. And be it further enacted , That of every sale Notice of the of a slave , pursuant to the foregoing sections of this act , sale of a slave . like notice shall be given as is required by law of the disposal of a person as a servant . assem Sec . 8 . And be it further enacted , That if any ne- Punishment of gro or mulatto slave shall join , or be willingly present at , or present át a any riot , rout or unlawful assembly , or shall commit an riot , rout or un assault and battery upon any white person , or shall with- lawful hly , or commit out special permission of his or her master or mistress , ting assault and presume to carry any gun , pistol , sword , dirk , or other battery white , or carry unusual or dangerous weapon or arms , every negro or ing dangerous mulatto slave so offending , and being thereof convicted , weapons , & c . before any justice of the peace for the county in whichthe offence shall be committed , shall be whipped with not on 126 LAWS OF THE STATE a negro .2 vol . 1324 .1 vol . 436 . ? #or less than ten nor more than forty lashes , publickly , upori the bare back . ' Proceedings If any negro or mulatto slave shall commit an assault and against a slave battery upon any other negro or mulatto , whether free or and battery ou slave , every negro or mulatto slave so offending , and be ing convicted thereof before any justice of the peace for the county in which the offence shall be committed , shall be publickly whipped , with any number of lashes not ex ceeding thirty , upon the bare back ; but the justice may order that , upon payment of a fine not exceeding ten dol lars , and by him to be limited , the corporal punishment shall be remitted .Master to pay In every case of a conviction under this section , the jus costs . tice shall give judgment in favour of the State , against the master or mistress of the slave convicted , for the costs of prosecution , and may issue execution upon such judgment , in like manner as upon a judgment for debt . Penalty for Sec . 9. And be it further enacted , That if any person exporting or attempting to ex- or persons shall export , or attempt to export , directly or port slave indirectly , any negro or mulatto slave , from this State to from this state ,selling or any other State or country , or shall sell or transfer , pur transferring , chase or receive , any negro or mulatto slave , with intent , purchasing or for the purpose , that such slave shall be exported from receiving for thepurpose , & c . this State to any other State or country , or shall fraudu i vol . $ 81 , 943. lently decoy any negro or mulatto slave from this State to vol . 339 , s . 5 . any other State of country , with intent there to sell , or in any manner dispose of , such slave , or shall abet or procure any person or persons to export , or to attempt to export or to decoy , any negro or mulatto slave as aforesaid , every person so offending shall be deemed to be guilty of a mis demeanor , and , upon conviction thereof , shall forfeit and Penalty for pay to the State a fine of five hundred dollars : and if any bringing slavesinto this state . person or persons shall bring into this State any negro or mulatto slave to be held , sold or disposed of , or to reside within this State , every person so offending shall be deemed to be guilty of a misdemeanor , and upon conviction there of , shall forfeit and pay to the State a fine of one hundred Exceptions . dollars ; except that any person removing , with his or Persons re- her family , from this State to any other State or territo out of the State . ry , to resiile , may lawfully remove his or her slaves to such State or territory , and that any person moving into this State and settling therein , may lawfully bring , at the time of his or her removal , or within one year after ward , any slave the property of such person at the time Slaves becom- of his or her removal ; and that any slave which shall , by in the past virtue of a bequest by or in the course of distribution of by bequest , the estate of any deceased person , who , at the time of his or her death was an inhabitant of any other State or ter 2 vol . 886 . 2 vol . 888 . OF DELAWARE . 127 or year after Persons tra with land Persons per ritory , or by means of marriage , with a woman an inhabi- heirship , tant of any other State or territory , become the property 2 vol . 911 , s . 1 . of an inhabitant of this State , may be lawfully broughtinto this State , by or on behalf of such inhabitant or hisor her executors or administrators , within onethe right to take the said slave shall be complete ; andthat any slave belonging to any inhabitant of another Slaves sold on . State or territory , if lawfully within this State , may be execution or at seized and sold by virtue of an execution or attachment , 2 vol . 941 , s . 2 . bona fide issued at the suit of any inhabitant of this State ,against the owner or owners of such slave ; and that a slave Runaway slaves . escaping from this State may be lawfully brought back ;and that any person travelling trough this State , or coming into this State upon a visit or for a transient purpose , slaves . or making a temporary stay within this State , may lawful- 2 vol . 888 . ly bring into this State , and keep , any slave or slaves forhis or her attendance , and carry back the same ; and thatany person or persons occupying a farm or tract of land , Persons OC through which the line of the State runs , may lawfully en - through which cupying ploy his , her or their slaves upon every part of such the State line farin , or tract of land , and pass and repass them over said bums 6 vol . 184 . line for that purpose ; and that the supreme court , or thecourt of common pleas , in term time , may make an order mitted by court permitting the owner or owners of any slave to export export « laves . such slave from this State , and that such owner or own- 2 vol . 1094 , s . 3 . 885 , his , her or their executors , administrators or às- 943 . ers , orsigns may , pursuant to such order , and at any time with - 4 vol . 339 , s . 5 . in six months from the date thereof , export such slavefrom this State , or sell the same for the purpose of exportation . Every negro or mulatto slave , which shall be exported , Slaves export or attempted to be exported from this State , or sold . ed & c . to be thereupon free . transferred , purchased or received , with intent , or for thepurpose , that such slave shall be exported from this State ,or fraudulently decoyed from this State , or brought intothis State against the form or effect of this section , exceptas before excepted , shall thereupon become and be free ;except that the right of the owner or owners of a slave Saving of the shall not be impaired nor affected by the commission of a rights of misdemeanor against the form of this section , if it shall implicated , & c . satisfactorily appear that such owner , or either of theowners , ( if there be more than one , ) was not implicatedin , nor privy nor accessary to , said misdeameanor : Pro- Proviso . vided , that nothing in this section shall be construed toinclude or extend to any negro or mulatto slave sentenced to be exported from this State , or any negro or mulatto slave escaping from any other State or territory intothis State , or to oppugn or affect any privilege heretofore vol . the master when not 128LAWS OF THE STATE granted or allowed , by any act of assembly , to any person in respect to any slave or slaves . & c . Penalty , if any Sec . 10. And be it further enacted , That if any ves . vessel or boatbe prepared or sel or boat shall be brought into , or prepared or stationed stati ned in any in , any harbour or place within the limits of this State , the purpose of with intent or for the purpose of receiving on board any exporting slaves negro or mulatto slave , to be exported from this State against the form of the eighth section of this act , except as therein excepted , the captain , master or commander of such vessel or boat , and every the owner , factor , agent or other person , who shall wittingly abet , procure or be concerned in , the bringing , preparing or stationing of such vessel or boat , with the intent or for the purpose afore said , shall each forfeit the sum of one thousand dollars , the one moiety thereof to the State , and the other moiety to any person who shall sue for the same , to be recover ed , with costs of suit , in the supreme court or court of Proceeding by common pleas , by action of debt : every such vessel or capiostor at- boat shall be liable for any penalty thereupon incurred ; tachment and in proceeding for any penalty under this section , up on affidavit made by the person suing therefor or any other credible person , before any judge or justice of the peace , or clerk or prothonotary of the court in which the action is to be instituted , or his deputy , and filed in the office of such clerk or prothonotary , it shall be in the election of the person suing to have issued a writ of ca pias against the defendant , upon which he may be ar rested and held to special bail , or a writ of attachment against the vessel or boat in respect to which the cause of action shall arise : if a writ of attachment shall be is . sued , the defendant may , with sufficient surety or sure ties , to be approved , before the return of the writ , by the sheriff , and , after such return , by the court , or any thereof , execute to the State a bond in the penalty of two thousand dollars , with condition to be void if the defen dant shall fully satisfy the debt and costs , which shall be recovered in the plea mentioned in said writ ; upon exe cuting such bond , the property shall be restored : other wise , the property attached shall be held , or the court , if it shall be deemed to be for the interest of all parties , may order the same to be sold at public vendue by the sheriff , who shall give like notice of such sale as required by law of the sale of goods under execution ; the money shall be disposed of as the court shall direct ; any bond given shall be filed with the writ , and shall be recorded among the records of the action ; the defendant may appear , plend and go to trial : and if judgment be for him , the vessel or boat attached , or in case of a sale thereof , tha judge OF DELAWARE . 129 1 L. purchase money shall be restored , without charge to the CHAPTER owner ; if the defendant shall not appear at the first term ,judgment shall be given against him by default , unless 1827 . the court shall deem proper to allow further time for appearance : the property attached , if not sold under orderof court , may be taken and sold on execution against thedefendant ; or if the property have been sold under anorder , the purchase money shall be applied to such execution ; if there be a surplus , it shall be restored to theowner of the property . Sec . 11. And be it further enacted , That the term Who shall be slave , as used in this act shall be construed to signify within this act . a slave for a limited time according to the act entitled" An act concerning free negroes and mulattoes , " passedat Dover February first , one thousand eight hundred andten , as well as a slave for life or indefinitely ; and anynegro or mulatto being deemed to be a slave accordingto the said act , or otherwise according to the laws of thisState , shall be deemed and taken to be a slave in construing or applying any provision of this act ; but a persondisposed of as a servant pursuant to any judgment , sentence or order of any court , shall not be deemed to be aslave within any provision of this act . 1321 , Sec . 12. And be it further enacted , That the act enti- Repeal . tled " An act for the trial of negroes , " and the first , se- 1 vol . 102 . cond , seventh and tenth sections of the act entitled " An 2 vol . 884 . act to prevent the exportation of slaves and for other purposes , " and the supplement and the additional supple- 2 vol . 941 , 942 . ment to the said act , both passed February third , onethousand seven hundred and eighty - nine , and the second ,third and fourth sections of the Act to punish the prac- 2 vol . 1093 . tice of kidnapping free negroes and free mulattoes , and forother purposes , " and the fifth , eighth and ninth sections 2 vol . of the Act concerning negro and mulatto slaves , and 1337 ; 1323 , all that part , beginning with the words and be it enacted , " and ending with the words notwithstanding and , 4 vol . 337 . of the fifth section of the Act concerning negro andmulatto slaves , " and the clause in these words ; viz .: slaves shall be prosecuted and tried , for offences notcapital , as already provided by other acts of the GeneralAssembly , of the twelfth section of the Act provi- 6 vol . 741 . ding for the punishment of certain crimes and misdemeanours , " shall be , and hereby are , annulled and repealedfrom and after the first day of July next : Provided , that Proviso . no act or section repealed by any of the said acts or sections hereby repealed , shall , by this repeal be revived ;and also provided , that all and every the crimes and of . 17 130 LAWS OF THE STATE / L. CHAPTER fences which have been , or on or before the first day of July next shall be , committed against any the said acts or 1827 . sections above in this section mentioned , and now in force , shall be heard , determined and punished in the same manner , and with the same penalty , pains and pun ishment as if this act had not been passed ; and the said acts and sections now in force , shall , in respect to all acts and matters which have been , or on or before the first day of July next shall be , done or transacted , and for the re covery of all penalties which have been , or on or before the first day of July next , shall be incurred , continue in force as fully and amply , to all intents and purposes , as if this act had not been passed . This act to be Sec . 13. And be it further enacted , That this act shall in operationfrom the first of commence and be in operation from and after the first July next . day of July next |
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[Author (if known)], Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860), [Date (if known)], Enduring Connections: Exploring Delmarva’s Black History, Nabb Research Center, Salisbury University.
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